Memphis Community Against Pollution, Inc. v. U.S. Army Corps of Engineers

On August 13, 2021, three environmental organizations voluntarily dismissed their federal lawsuit challenging the U.S. Army Corps of Engineers’ authorization of the Byhalia crude oil pipeline under Nationwide Permit 12. The organizations’ notice reported that the pipeline developer had abandoned the project and the approvals at issue in the litigation.

Three environmental organizations filed a lawsuit in federal district court for the Western District of Tennessee challenging the U.S. Army Corps of Engineers’ 2017 issuance of Nationwide Permit 12 (NWP 12), as well as the Corps’ verification of use of NWP 12 for the Byhalia crude oil pipeline. The organizations asserted claims under the National Environmental Policy Act, the Clean Water Act, and the Administrative Procedure Act. The complaint alleged, among other things, that the Corps failed to take a hard look at the climate change impacts of the 2017 issuance of NWP 12—which covered utility lines, including pipelines. The organizations alleged that potential climate impacts included increased life-cycle greenhouse gas emissions from oil and gas pipeline approval under NWP 12.